I was discussing my son with his teacher, and the fact that he has trouble standing still in line, not bumping people, etc. I told her that while I realized that we needed to find a solution, that this movement was not completely within his control. The answer I received was that once he was given a consequence for his actions, he followed the direction of standing still, but did not accept the consequence. So therefore, he is able to follow the direction, but not doing it until he receives a consequence. And not following the consequence is definace, and if he "gets away" with not accepting the consequence it will cause more problems down the line. They have seen him control himself, so he can do it, is what I am told. What do you say to that??

Can you give them an alternate plan of action? Agree that its not acceptable behavior, but suggest this other plan of action can help with the behavior and make it so the other children don't need to deal with it?

I don't know if that would work, but it would be a place to try I'd think, if you have a sensory solution you want to try. And if that's working then, you could probably much easier get a 504 plan or an IEP.